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iciHaiti - Justice : A Haitian arrested in Haiti will be handed over to Dominican justice ! 01/01/2019 09:40:37
Willy Saint-Hilaire, under a Dominican Arrest Warrant on December 24, is accused of having beaten to death a Dominican Sterling Alcenio Jiménez Valerio in the municipality of Loma de Cabrera (Province of Dajabón), on December 20 to steal his motorcycle before fleeing to Haiti. The motorcycle was found in Haiti by the PNH in possession of the accused. According to a press release from the PND, the prosecutor's office of the judicial district of Dajabón is coordinating with the Haitian Consulate of that province for the transfer on the Dominican territory of Willy Saint Hilaire, so that it can be presented to the Public Prosecutor for the corresponding legal proceedings. With regard to the legality of this transfer, the Dominican Republic relies on the Montevideo Extradition Convention, signed in Uruguay on December 26, 1933 by the Dominican Republic and Haiti among others, and adopted by the two countries in 1981. Recalling that Article 1 states : "Each one of the signatory States in harmony with the stipulations of the present Convention assumes the obligation of surrendering to any one of the States which may make the requisition, the persons who may be in their territory and who are accused or under sentence. This right shall be claimed only under the following circumstances : a) That the demanding State have the jurisdiction to try and to punish the delinquency which is attributed to the individual whom it desires to extradite. b) That the act for which extradition is sought constitutes a crime and is punishable under the laws of the demanding and surrendering States with a minimum penalty of imprisonment for one year." Also on the "Inter-American Convention on Extradition, OAS, 1981" signed by Haiti and the Dominican Republic which states "Article 1 : Obligation to Extradite The States Parties bind themselves, in accordance with the provisions of this Convention, to surrender to other States Parties that request their extradition persons who are judicially required for prosecution, are being tried, have been convicted or have been sentenced to a penalty involving deprivation of liberty." Download the Montevideo Convention : https://www.haitilibre.com/docs/sp_conv_extra_montevideo_1933.pdf (Spanish) https://www.haitilibre.com/docs/en_conve_extra_inter_american_1933_montevideo.pdf (English) It should be noted that this is not the only extradition convention signed by Haiti and the Dominican Republic, mentioning the "Inter-American Convention on Extradition, OAS, 1981" which refers in its preamble to the Montevideo Agreement to 1933 and which states "Article 1: Obligation to Extradite The States Parties bind themselves, in accordance with the provisions of this Convention, to surrender to other States Parties that request their extradition persons who are judicially required for prosecution, are being tried, have been convicted or have been sentenced to a penalty involving deprivation of liberty." Download the Inter-American Convention on Extradition, OAS, 1981 (in French): https://www.haitilibre.com/docs/extradition-fr.pdf Note that the existence of these Conventions and their signatures by Haiti, does not mean that these Conventions were ratified by the Haitian Parliament and then promulgated in the Official Journal to be applicable. S/ iciHaiti
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